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MANAGING and SETTLING ETHNIC CONFLICTS UL~CHSCHNECKENER STEFAN WOLFF Editors MANAGING AND SETTLING ETHNIC CONFLICTS UL~CHSCHNECKENER STEFAN WOLFF editors Managing and Settling Ethnic Conflicts Perspectives on Successes and Failures in Europe, Africa and Asia Copyright © Ulrich Schneckener and Stefan Wolff, 2004 *All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles or reviews. First published 2004 by PALGRAVE MACMILLANTM 175 Fifth Avenue, New York, N.Y. 10010 PALGRAVE MACMILLAN is the global academic imprint of the Pal grave Macmillan division of St. Martin's Press, LLC and of Palgrave Macmillan Ltd. Macmillan® is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries. ISBN 978-1-4039-6623-0 ISBN 978-1-137-07814-8 (eBook) DOI 10.1007/978-1-137-07814-8 Library of Congress Cataloging-in-Publication Data Managing and settling ethnic conflicts: perspectives on successes and failures in Europe, Africa, and Asia/ Ulrich Schneckener, Stefan Wolff, editors. p.cm. Includes bibliographical references and index. I. Ethnic conflict. 2. Conflict management. I. Schneckener, Ulrich, 1968 II. Wolff, Stefan, l969- HM1121.M33 2004 305.8---dc22 2003068934 First edition: March 2004 10 9 8 7 6 54 3 2 1 Transferred to Digital Printing 2013 CONTENTS The Contributors VlI Preface Vlll Part I. CONCEPTUALIZING CONFLICT MANAGEMENT AND SETTLEMENT Chapters 1. Managing and Settling Ethnic Conflicts Stefan Wolff 2. Models ofEthnic Conflict Regulation: the Politics of Recognition Ulrich Schneckener 18 3. Relating Human Rights, Minority Rights and Self- Determination to Minority Protection Kristin Henrard 40 Part II. POWER-SHARING SYSTEMS 4. Settling an Ethnic Conflict through Power-sharing: South Tyrol Stefan Wolff 57 5. The Failure ofPower-sharing in Cyprus : Causes and Consequences Susanne Baier-Allen 77 6. Between Consociationalism and Control: Sri Lanka Maya Chadda 94 Part III. TERRITORIAL APPROACHES 7. Insular Autonomy: a Framework for Conflict Resolution? Corsica and the Aland Islands Farimah Daflary 115 8. Between Autonomy and Federalism: Spain M. K. Flynn 139 9. Between Federalism and Separatism: India and Pakistan Katharine Adeney 161 10. Secession and its Aftermath: Eritrea Sandra F. Joireman 176 v VI Contents Part IV. BILATERAL AND MULTILATERAL APPROACHES 11. Bilateral Agreements and their Role in Settling Ethnic Conflicts: a Case Study ofGerman Minorities Hans-Joachim Heintze 189 12. International Intervention and its Aftermath: Kosovo and East Timor Richard Caplan 206 Part V. LESSONS LEARNED 13. Conditions for Peacemaking: Negotiating the Non-negotiable in South Africa and the Middle East Heribert Adam, Kanya Adam and Kogila Moodley 220 14. Peacemaking in Civil Wars: Obstacles , Options and Opportunities Timothy D. Sisk 248 15. Managing and Settling Ethnic Conflicts: The Context-Design Nexus Ulrich Schneckener 271 Index 287 THE CONTRIBUTORS Heribert Adam is Professor of Sociology at Simon Fraser University, Vancouver. Kanya Adam is a Lecturer in Sociology at the University of British Columbia, Vancouver. Katharine Adeney is a Research Fellow in Politics at Balliol College, Oxford. Susanne Baier-Allen is a Research Fellow at the Centre for European Integration Studies, Bonn. Richard Caplan is a Fellow at the Centre for International Studies, Oxford University. Maya Chadda is Professor of Political Science at William Paterson University, Wayne, New Jersey. Farimah Daftary is a Programme Officer at the EU Accession Moni­ toring Programme ofthe Open Society Institute, Budapest. M. K. Flynn teaches in the School of Arts, Monash South Africa, Johannesburg. Hans-Joachim Heintze is a Senior Fellow at the Institute for International Law ofPeace and Armed Conflict at Ruhr University, Bochum. Kristin Henrard is a Senior Lecturer in Constitutional and International Law at the University of Groningen. Sandra F Joireman is an Associate Professor in the Department ofPoli­ tics and International Relations, Wheaton College, Wheaton, II1inois. Kogila Moodley is Professor ofEducational Studies at the University of British Columbia. Ulrich Schneckener is a Researcher at the Stiftung Wissenschaft und Politik-German Institute for International Politics and Security, Berlin. Timothy D. Sisk is an Associate Professor in the Graduate School of International Studies, University ofDenver, Colorado. Stefan Wo!ffis Lecturer in the Department ofEuropean Studies, Univer­ sity of Bath. VII PREFACE At the turn of the century, it seems, ethnic conflicts have spread and intensified like no other phenomenon. This has been particularly the case in Central and Eastern Europe, where, after an era ofrelative calm after the Second World War,old conflicts have re-emerged and new ones esca­ lated in the Balkans (from Croatia to Macedonia) and in virtually all of the successor states ofthe former Soviet Union. During the same period, Africa has experienced genocide in Rwanda and several civil wars, including Liberia, Sierra Leone and Congo. In Asia, India and Pakistan have repeatedly come to the brink ofwar over Kashmir, in other countries (such as Sri Lanka, the Philippines or Indonesia) violent secessionist conflicts have escalated. Moreover, at the time ofwriting, the situation in the Middle East seems further removed from any settlement than it ever was. Numerous other examples could be added to this list. Yet,the bleak picture that emerges from this perspective does not accurately reflect the fact that, over the same period of time, our knowledge, skills and re­ sources in managing and settling such conflicts have also grown signifi­ cantly. While this has not always manifested itself in successful conflict management and settlement, and while conflict prevention may still prove illusive in many cases, the track record of individual states and international organisations in successfully responding to the challenges ethnic conflicts pose has improved. To provide a more balanced account of successes and failures is one of the tasks that this volume seeks to accomplish . However,to draw up a balance sheet alone would be rather unsatisfac­ tory as it would leave essential questions unanswered. Why can violence be prevented in some cases, but not in others? How was it possible to adopt one approach successfully in one case while the same approach failed in an apparently similar conflict elsewhere? Are there any transfer­ able lessons about conflict management and settlement applicable to cycles offailure in one and the same conflict as well as to other conflicts? Questions like these are crucial if we want to enhance the capabilities ofacademics, activists in the voluntary sector and policy-makers to ana­ lyse and respond to ethnic conflicts properly. We believe that detailed, viii Preface IX qualitative case studies, both single and comparative in nature, can make a contribution towards this goal. Therefore we have invited recognised specialists to provide their analysis of the benefits and shortcomings of particular approaches to conflict management and settlement and to assess the reasons ofthe success or failure ofthese approaches in particu­ lar cases. The structure of the volume is straightforward: following Stefan Wolff's conceptual clarification ofwhat conflict management and settle­ ment entail, Ulrich Schneckener provides a detailed and comprehensive typology of the different policies that can be adopted in the broader process of conflict regulation . This introductory part ofthe book is com­ pleted by Kristin Henrard's analysis of the relationship between individ­ ual human rights, minority rights and the right to self-determination, which usefully complements the preceding two chapters by introducing the reader to the core legal concepts in the debate on conflict manage­ ment and settlement that are reflected in one way or another in all subse­ quent case studies. Schneckener's typology foreshadows the organisation of individual chapters into three broader sections: power-sharing, territorial, as well as bilateral and multilateral approaches to conflict management and settle­ ment. In the section on power-sharing, Wolff examines the case ofSouth Tyrol as one offew lasting success stories in the application ofthis partic­ ular approach, looking at the dynamics of conflict development over more than halfa century and analysing the content and context of each of the three autonomy statutes proposed and implemented since 1948. Although less successful from the perspective of settling an ethnic con­ flict by adopting a power-sharing system, the case of Cyprus provides interesting lessons as to the causes and consequences of power-sharing failures, which is the focus ofSusanne Baler-Allen's contribution. Finally, in this section, Maya Chadda looks at Sri Lanka and the policies of conflict management and settlement adopted there over the decades. Comparing and contrasting power-sharing with control regimes, she highlights the limits that contextual factors can impose on the success of either. Territorial approaches to conflict management and settlement cover a wide range ofpossible strategies, from autonomy at one end ofthe spec­ trum to secession and partition at the other. This range is reflected in the contributions to this section: Farimah Daftary's chapter on insular auton­ omy and its application to the Aland Islands and Corsica opens the debate. M. K. Flynn and Katharine Adeney in their chapters on Spain and on
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